Bloomberg Law Same-Sex Marriage & 'War' on Judges
Nov 11, 2025
Columbia Law School Professor Suzanne Goldberg, a leading expert on sexuality and gender law, discusses the Supreme Court's refusal to hear a same-sex marriage challenge, emphasizing the need for vigilance despite current protections. Bloomberg Law reporter Suzanne Monyak then delves into the Deputy Attorney General's controversial call for a 'war' on judges, touching on the implications of politicizing the judiciary and the increasing threats faced by judges. Both guests highlight significant developments that shape the landscape of legal rights and government accountability.
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Kim Davis's Refusal And Litigation
- Kimberly Davis, a county clerk, refused to issue a marriage license citing God's authority and was overridden and required to issue it.
- She then litigated for years claiming her government role allowed religious refusals to citizens seeking licenses.
Passport Rule Change Causes Real Harms
- The Supreme Court granted emergency relief letting the State Department mark passports by sex assigned at birth, reversing decades of policy.
- Goldberg calls the Court's comparison to country-of-birth irrelevant and says the change causes real-world harms to transgender travelers.
Irreparable Harm Argument Is Legally Weak
- Government policy changes lack the statutory presumption of constitutionality, so claiming irreparable harm to justify emergency stays is weak.
- Goldberg argues treating executive actions as automatically causing irreparable government harm undermines judicial review.